international trademark registration Israel

The Madrid Protocol System is officially operational in Israel

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The Madrid Protocol System for filing International Trademark Applications is officially operational in Israel

The Madrid Protocol System offers trademark owners the possibility to have their trademarks protected in several countries by simply filing one application directly with the Israeli Patent and Trademark Office, designating the requested countries.

An international trademark application filed to WIPO is equivalent to an application or a registration of the same mark effected directly in each of the countries designated by the applicant.

If the trademark office of a designated country does not refuse protection within a specified period, the protection of the mark is the same as if it had been registered by WIPO.

The Madrid system also simplifies the management of the trademark protfolios, since it is possible to record subsequent changes or to renew the registrations through a single procedure and by the same local attorney.

Israel is the 85th member of the WIPO-administered international trademark system which is governed by two treaties, namely, the Madrid Agreement Concerning the International Registration of Marks (1891) and the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989).

Use of translated word mark of a registered trademark, could be considered as trademark use

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The Trademark Registrar: Use of translated word mark of a registered trademark, could be considered as trademark use according to law, to avoid trademark cancellation

Micys Company S.P.A filed a motion for cancellation of the registered trademark “DIVA” on the basis of lack of use according to paragraph 41 of the Trademark Ordinance.

The Trademark Registrar rejected the motion and ruled that use of translated word mark of a registered trademark, could also be considered as trademark use according to law, to avoid trademark cancellation.

The Trademark Registrar also ruled that even a use of the translated version of the mark as part of the company’s business name could consider to be use of the trademark in connection with the goods in which he manufacture or trades according to Paragraph 1 of the Trademark Ordinance.

Micys Company S.p.A v. Ronit Lahav & Co. Motion for Cancellation of Trademark No. 13296, 14630 (24/3/2010).